Depression decisions — 2024

The Board denied the Veteran's claim for an initial rating in excess of 30 percent for a depressive disorder, finding that her symptoms did not meet the criteria for a higher rating.

The Board denied the Veteran's request for an effective date prior to August 16, 2022, for a 100% disability rating for major depression with anxious distress. The evidence did not show that his condition worsened within one year of the claim.

The Veteran's claims for an effective date prior to March 4, 2018, for the award of service connection for PTSD and initial evaluations in excess of 50 percent prior to March 5, 2021, and in excess of 70 percent from March 5, 2021, for PTSD are remanded due to a duty-to-assist error. The Veteran's request for an earlier effective date was not addressed by the AOJ.

The Veteran is granted a total disability rating based upon individual unemployability from February 22, 2021, through February 22, 2022, and an earlier effective date of February 22, 2021, for the grant of eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35.

The Board has determined that the VA examination was inadequate and another remand is necessary to address the Veteran's acquired psychiatric disability, including PTSD.

The Veteran's PTSD with MDD has resulted in total occupational and social impairment for the entire period on appeal, warranting a 100 percent rating.

The Board has determined that new and relevant evidence has been received warranting readjudication of the claim for service connection for an acquired psychiatric disorder. The case is being remanded to provide a VA examination.

The Veteran's PTSD with Major Depressive Disorder and Alcohol Use Disorder is granted a 100% rating for the entire appeal period, effective from February 5, 2019. The initial evaluation for tinnitus remains at 10%, but an earlier effective date for TDIU benefits and Dependents' Education Assistance (DEA) is granted.

The Board has remanded the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder. The AOJ is required to verify the nature of the Veteran's National Guard service at the time of his reported stressors and attempt to research both claimed incidents.

The Veteran's claim for service connection for PTSD was granted with a 50% disability rating effective October 17, 2018. The decision is based on the merits of his case and not due to any new evidence or a change in law.

The Board has decided to remand the case due to incomplete records and a need for further medical examination regarding the Veteran's ability to require aid and attendance or be housebound.

The Veteran's TDIU claim is being remanded for a determination on whether he should have been granted TDIU prior to February 23, 2021. The Board finds that the Veteran has continuously pursued his service connection claims since April 25, 2018 and that the issue of whether TDIU can be granted prior to February 23, 2021 remains on appeal.

The Board has determined that the Veteran does not have a current diagnosis of any claimed conditions and therefore service connection is denied. The issues of hypertension, heart disability, disabilities of the upper and lower extremities, anemia, sinusitis, and allergic rhinitis are remanded for further development.

The Veteran's claims for increased ratings for major depressive disorder and left lower extremity lumbar radiculopathy are being remanded due to a failure to obtain relevant medical records from the Carilion Roanoke Memorial Hospital. These records could have significant impact on the rating decisions.

The Veteran's appeal for an earlier effective date for the grant of service connection for PTSD and major depressive disorder was dismissed as a matter of law because the original claim for service connection had already been denied, and the subsequent recharacterization to include PTSD did not change the effective date.

The Veteran's claim for an earlier effective date prior to November 8, 2021 for a 100 percent disability rating for his service-connected psychiatric disorders was denied. The Board found that the evidence did not show total occupational and social impairment prior to this date.

The Veteran's claim for service connection for depressive disorder was granted in November 2020 with an effective date of September 11, 2020. The Board denied the earlier effective date request as the claim stream began with the September 2020 supplemental claim and continuous pursuit does not apply to legacy decisions.

The Board has granted service connection for the Veteran's acquired psychiatric disorder, including PTSD, depression, adjustment disorder, and anxiety. The evidence shows these conditions are related to his active duty.

The Veteran's service-connected disabilities, including his persistent depressive disorder with generalized anxiety disorder and alcohol use disorder, as well as his lumbar spine disability and bilateral pes planus with plantar fasciitis, render him unemployable. The Board has resolved all reasonable doubt in favor of the Veteran, granting TDIU.

The Board has remanded the case due to a duty to assist error, and will schedule a VA examination to determine if any acquired psychiatric disorders are related to service.